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    Limitation under Section 61 of Insolvency and Bankruptcy Code: Too Strict Interpretation of the Law?
    2023-05-10

    Recently, the Supreme Court, in the case of Gaurav Agarwal vs CA Devang P. Sampat, has issued notice to the parties for adjudicating the crucial question of law pertaining to the ‘Period of Limitation’ for preferring an appeal under Section 61 of Insolvency and Bankruptcy Code, 2016 (“theCode”).

    Filed under:
    India, Company & Commercial, Insolvency & Restructuring, Litigation, Cyril Amarchand Mangaldas, Companies Act 2013 (India), Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal
    Authors:
    Sumit Attri , Priyanshu Pandey , Shrey Singh
    Location:
    India
    Firm:
    Cyril Amarchand Mangaldas
    The Vidarbha Aftermath
    2023-03-15

    On July 12, 2022, the Supreme Court of India (“Supreme Court”) passed a judgment in Vidarbha Industries Power Limited v. Axis Bank Limited[1] (“Vidarbha”), which considered the question whether Section 7(5)(a) of the Insolvency and Bankruptcy Code, 2016 (“Code”), is mandatory or discretionary in nature.

    Filed under:
    India, Arbitration & ADR, Insolvency & Restructuring, Litigation, Cyril Amarchand Mangaldas, Mediation, Companies Act 2013 (India), Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal
    Authors:
    Sharan Kukreja , Abhijna Somashekara , Mukesh Seju
    Location:
    India
    Firm:
    Cyril Amarchand Mangaldas
    Contempt Under the Insolvency Code
    2023-01-05

    This article examines the NCLT and NCLAT’s power to exercise contempt jurisdiction under the Insolvency and Bankruptcy Code, 2016, and the inconsistent approach taken by different benches.

    Although the Insolvency and Bankruptcy Code, 2016 (Code) was initially hailed as a welcome reform that would enable timebound and effective insolvency resolution, its tenure has been fraught with issues and uncertainty. One of the issues that remains open is the power to punish for contempt under the Code.

    Filed under:
    India, Insolvency & Restructuring, Legal Practice, Litigation, Bharucha & Partners, Statute of limitations, Contempt of court, Jurisdiction, Insolvency, Companies Act 2013 (India), Arbitration and Conciliation Act 1996 (India), Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal
    Authors:
    Sudeshna Guha Roy , Ayesha Bharucha
    Location:
    India
    Firm:
    Bharucha & Partners
    'Re-presentation' of appeal is not fresh filing
    2022-09-14

    Under the Insolvency and Bankruptcy Code, 2016 (Code) and under the Companies Act, 2013 (Act), an order of the National Company Law Tribunal (NCLT) can be appealed before the National Company Law Appellate Tribunal (NCLAT). The time-period for filing such an appeal is maximum of 45 days under the Code and 90 days under the Act.

    Filed under:
    India, Insolvency & Restructuring, Litigation, Acuity Law, Insolvency, Companies Act 2013 (India), Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Altamash Qureshi , Shrishti Mishra
    Location:
    India
    Firm:
    Acuity Law
    Unpaid license fees - An ‘operational debt’ under the Insolvency & Bankruptcy Code 2016
    2022-07-26

    Introduction

    In a move to accord relief to Licensors with outstanding license fee payments, the National Company Law Appellate Tribunal (“NCLAT”) vide order dated 7th July 2022 (“Order”) held that a debt arising from unpaid license fees is qualified as an ‘operational debt’ under Section 5(21) of the Insolvency and Bankruptcy Code, 2016 (“Code”).

    Filed under:
    India, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, Parinam Law Associates, GST, Companies Act 2013 (India), Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal
    Authors:
    Pooja Tidke , Krushi N Barfiwala , Rima Desai
    Location:
    India
    Firm:
    Parinam Law Associates
    The New Valuation Regime - Sea change in valuation practice in India
    2019-03-22

    Introduction:

    Filed under:
    India, Capital Markets, Company & Commercial, Insolvency & Restructuring, Khaitan & Co, Ministry of Corporate Affairs, Securities and Exchange Board of India, Companies Act 2013 (India)
    Authors:
    Malav Shah
    Location:
    India
    Firm:
    Khaitan & Co
    NCLT widens its net for approving schemes under provisions of The Companies Act 2013
    2018-08-13

    The Chennai Bench of the National Company Law Tribunal (NCLT) has recently approved the merger of a Limited Liability Partnership (LLP) with a private limited company (Scheme). This newsflash analyses key aspects of the NCLT order permitting the aforesaid merger.

    Background

    Filed under:
    India, Company & Commercial, Insolvency & Restructuring, Litigation, Khaitan & Co, Companies Act 2013 (India)
    Authors:
    Mehul Shah , Sanket Shah , Aman Yagnik
    Location:
    India
    Firm:
    Khaitan & Co
    India: Macquarie Bank Limited vs. Shilpi Cable Technologies Ltd.
    2018-01-26

    FACTS

    Hamera International Private Limited executed an agreement with, Macquarie Bank Limited, Singapore (hereinafter called ‘appellant’), where the appellant purchased the original supplier's right, title and interest in a supply agreement in favour of Shilpi Cable Technologies (hereinafter referred to as the “respondent”).

    Filed under:
    India, Company & Commercial, Insolvency & Restructuring, Litigation, SS Rana & Co, Companies Act 2013 (India)
    Location:
    India
    Firm:
    SS Rana & Co
    Enforceability of time-barred claims vis-a-vis the insolvency and Bankruptcy Code - a critical analysis
    2017-10-24

    Introduction

    Recently, in Neelkanth Township and Construction Pvt. Ltd. v.Urban Infrastructure Trustees Ltd, Company Appeal (AT) (Insolvency) No. 44 of 2017 (Neelkanth Township), the National Company Law Appellate Tribunal (NCLAT) addressed several issues with regard to the Insolvency and Bankruptcy Code, 2016 (IBC).

    Filed under:
    India, Insolvency & Restructuring, Litigation, Khaitan & Co, Statute of limitations, Companies Act 2013 (India), Supreme Court of India
    Authors:
    Sachin Mandlik , Pranav Sampat , Shayan Dasgupta
    Location:
    India
    Firm:
    Khaitan & Co
    United we stand: Merger of Reliance Comm & SSTL in India
    2017-11-13

    Owing to the dynamic nature and demand of the business, the entities require to constantly modify their business model. Corporate restructuring is an instrument to effectively implement the strategies devised by changing the business model, management team or financial structure of the corporations. Growth of these corporations is either through organic means (through internal means like financial restructuring) or inorganic means in order to obtain accelerated growth (through external sources like mergers, acquisition).

    Need for Merger

    Filed under:
    India, Corporate Finance/M&A, Insolvency & Restructuring, SS Rana & Co, Debt restructuring, Companies Act 2013 (India)
    Location:
    India
    Firm:
    SS Rana & Co

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